Chapter V Chapter V

Manufacture, Repair or Sale of Weights or Measures

Prohibition on the manufacture, repair or sale of weights or measures without licence.--(1) No person shall make, manufacture, repair or sell any weight or measure unless he holds a valid licence issued in this behalf by the Controller authorising such person to do so: Provided that a person who is engaged in the work of adjustment of any weight or measure can perform such function without obtaining a licence referred to in this sub-section if--

1. (a) he has the technical competence and the necessary equipment to repair such weight or measure, or
2. (b) having the necessary equipment for the repair of such weight or measure in his possession, has the technical competence to repair such weight or measure.

1. (2) Every licence issued under this section--
   • (a) shall be in such form as may be prescribed,
   • (b) shall be issued on payment of such fees as may be prescribed,
   • (c) shall be valid for such period as may be specified in the licence,
   • (d) may be renewed from time to time,
   • (e) may contain such conditions as may be prescribed.
2. (3) Every licence issued under the Jammu and Kashmir Weights and Measures (Enforcement) Act, 1978 shall be valid until the expiry of the period of its validity or until its renewal is made, whichever is earlier, and may be renewed from time to time in the prescribed manner and such renewal shall be made in the prescribed manner before the expiry of the period of its validity.
3. (4) A person who intends to commence, or continue, business as a maker, manufacturer, repairer or dealer of any weight or measure, shall make an application in such form and on payment of such fees as may be prescribed for the issue of a licence and every licence shall be valid, unless an application for its renewal is made in the prescribed manner before the expiry of the period of its validity.
4. (5) The Controller may, if he is satisfied that the applicant was prevented by sufficient cause from making an application for the renewal of the licence before the expiry of the said period on payment by him of such additional fee, not exceeding the fee which is payable for the issue of a licence, as may be prescribed.
5. (6) On receipt of an application for the renewal of a licence under this section, the Controller may, if he is satisfied, after such inquiry as he may think fit, that the applicant does not hold the necessary qualification, refuse to renew such licence: Provided that no application for the renewal of a licence shall be rejected unless the licensee has been given a reasonable opportunity of showing cause against the rejection.
6. (7) No application for the renewal of a licence shall be rejected unless-- [sic: text provided implies proviso logic].
7. (8) The Controller may require every repairer to furnish security for the performance of his work, not exceeding two thousand rupees, as may be prescribed to ensure that the repairer is able to compensate the owner of any weight or measure.
8. (9) Nothing in this section shall apply to a repairer, manufacturer, dealer or user of any weight or measure of such description as may be prescribed.
9. (10) Every licence issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the licensee carries on his business.

Suspension and cancellation of licence.--(1) The Controller may, if he has reason to believe that the holder of any licence issued under this Act has made any statement in, or in relation to, any application for the issue or renewal of the licence which is incorrect or false in any material particular or has contravened any provision of the Central Act or any rule made thereunder or of this Act or any rule made thereunder, suspend such licence, pending the completion of any enquiry or trial against the holder of such licence: Provided that no such licence shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.

1. (2) The Controller may, if he is satisfied after making such inquiry as he may think fit that the holder of a licence has made a false or incorrect statement referred to in sub-section
2. (1) or has contravened any law referred to in that sub-section, cancel such licence: Provided that no such licence shall be cancelled unless its holder thereof has been given a reasonable opportunity of showing cause against the proposed action.
3. (3) Every person whose licence has been suspended shall, immediately after such suspension, stop functioning as such licensee and shall not resume business as such licensee until the order of such suspension has been vacated.
4. (4) Every licensee whose licence has been cancelled shall, immediately after such cancellation, surrender such licence to the authority by whom it was issued.

Manufacture of weights or measures.--No person shall, in the course of trade, manufacture, repair or sell any weight or measure unless he uses such material and dimensions as are specified by or under the Central Act.

Prohibition of sale or use of unstamped weights or measures.--No weight or measure shall be sold or delivered, or used, or kept for use, in any transaction or for industrial production or for public protection unless it has been verified and stamped in accordance with the provisions of this Act and the rules made thereunder.

Makers, etc. to maintain records and registers.--Every maker, manufacturer, repairer or dealer and every person using any weight or measure in any transaction or for industrial production or for public protection shall maintain such records and registers as may be prescribed and if required by an Inspector shall produce such records and registers before the Inspector for inspection.

Verification and stamping of weights or measures.--Every person using any weight or measure in any transaction or for industrial production or for public protection shall present such weight or measure for verification or re-verification at such place and within such time as the Inspector may specify in this behalf:

Display of certificate of verification Display of certificate of verification.--Every certificate of verification granted under this Act shall be displayed in a conspicuous place in the premises where the business is carried on or the weight or measure is used.